If you believe Rob Ford‘s lawyer, the $6-million libel case against him launched by Boardwalk Cafe owner George Foulidis comes down to what was said at a Toronto Sun editorial board meeting in August 2010.

I chaired that meeting.

It also turns out – as I learned later – I had the only existing audio tape of the meeting.

Having the tape didn’t seem like such a big deal to me late Monday night as I read the Toronto Star story previewing the case. My friend and former colleague Jonathan Jenkins at the Sun had written the story based on the events at the editorial board. Jenkins is a strong, ethical, professional journalist. I knew his story was factual, based on what Ford said.

But I thought I’d go back and take a listen to the tape anyway. It was one of those unbelievable editorial boards. The second craziest ed board I’d ever run – second only to Ford’s return visit to the Sun during that campaign.

On the tape I heard Sun City Hall columnist Sue-Ann Levy ask specifically about Foulidis. And Ford answer about corruption in in camera meetings, about how Tuggs deal – Tuggs Inc. operates the Boardwalk Cafe – stunk to high heaven.

Then I went to bed. I thought that maybe I’d write a story about that editorial board meeting on Tuesday, maybe include clips from the tape, so anyone could listen and make up their own minds – after talking it over with our lawyers, of course.

As it turns out, that tape isn’t mine, every lawyer agreed on that fact. Under the Copyright Act, even though I taped the meeting on my recorder, then took it home and put it on my home computer because I thought it might come in handy down the road, the tape belonged to the Toronto Sun, my former employer.

A little legal advice came next, where I was clearly advised I could not run the audio. So I called the Sun’s editor-in-chief, James Wallace, to see if I could run it – offering to give him the clip, too, if the Sun wanted it. I left a message for him and waited.

After a few meetings Tuesday morning I took a look at the stories and tweets coming out of court. That’s when it got interesting.

Ford's lawyer says "we don't really know" what mayor said to Toronto Sun ed board. "If there was a recording we don't have it."

“Ford’s lawyer says ‘we don’t really know’ what mayor said to Toronto Sun ed board. “If there was a recording we don’t have it.” That’s what Natalie Alcoba and a number of other reporters tweeted from the courthouse.

"What we have is sound bites, responses to questions" for which you don't have context, says Ford's lawyer of Sun story

It certainly looked to me like the entire trial could come down to what was on the tape.

Hmm. Now what.

Wallace at the Sun called me back and said I couldn’t broadcast the tape. More meetings with a team of lawyers and my boss for me.

Journalists are not supposed to be the story, we don’t turn over evidence to police – without serious debate or a court order – in criminal trials. But what about this? It’s a civil trial. It’s from an “on the record” editorial board. It’s not my tape to share. It’s obviously a story. Is it a corporate secret? What’s the risk?

But should a case be decided on he said-he said, should a judge have to make a decision when I have a key piece of evidence? I wasn’t comfortable with that.

So late Tuesday afternoon I sent the tape back to the Toronto Sun – knowing full well they’d probably splash it on their front page. It was not my tape, legally, so I didn’t feel like I had much of a choice. It was give it to them or keep it as my secret. If I gave it to the Sun, I felt the Sun would be forced to share the tape with the lawyers in the case.

This morning, the Sun “reveals” the missing tape.

And I had an email waiting for me from Foulidis’ lawyer, Brian Shiller.

Let’s see what happens next.

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And a little bit from court Wednesday morning:

"there's been a bit of a curveball..." admits Ford's lawyer (I'm guessing that curveball is the tape uncovered by @robedits)